What Must the Prosecutor Prove to Get a Conviction for Issuing a Bad Check?
The basic code section used to prosecute bad check cases is Va. Code 18.2-181. This code section provides that any person who, with intent to defraud, makes, draws, utters, or delivers any check, knowing at the time that there are not sufficient funds in the account for the payment of the check is guilty of larceny. If the check has a face value of $200 or more, the accused will be charged with a Class 6 felony. In cases where the face value of the check is less than $200, the accused will be charged with a Class 1 misdemeanor. Va. Code 18.2-181.1 is a statute that increases the penalty for repeat misdemeanor offenders. This code section provides that it is a Class 6 felony for any person, within a period of ninety days, to issue two or more checks, which have an aggregate represented value of $200 or more. Defending Bad Check Cases Bad check cases are very difficult to prove with a proper defense. The difficulty for the prosecution involves the need to prove or establish facts showing
